Lininger v. The Franklyn County State of Pennsylvania No 8

Background

The complaint’s caption listed Jackie Kennedy Contracted; Giah J. DeFranco/Lininger; and Richard E. Lininger as plaintiffs. But the court had granted permission to proceed without prepaying filing fees only to Richard E. Lininger, and therefore treated him as the sole plaintiff for purposes of the order.

Lininger sued The Franklin County State of Pennsylvania No 8, the Chambersburg Police Department, Officer Cole Baker, Joseph Johnson, Anita Rhodes, and Dwayne Mallet. The complaint invoked diversity-of-citizenship jurisdiction and alleged violations of constitutional rights. Its allegations referred to bodily harm, a concealed weapon, trespassing, tenant-related conduct, police and court matters, and various constitutional provisions. The relief requested involved a written request that property owners evict a tenant.

Legal standard

Because Lininger was proceeding without prepaying filing fees, the court was required to dismiss the complaint if it was frivolous, failed to state a legally valid claim, sought money from an immune defendant, or did not establish subject-matter jurisdiction. The court also explained that it had to read a self-represented person’s complaint liberally, but the complaint still had to provide enough factual information to make a legally plausible claim.

A claim is frivolous when it lacks a reasonable basis in law or fact. The court applied that standard to the allegations presented in the complaint.

Ruling

The court held that, even when read liberally, Lininger’s claims were irrational and had no legal theory supporting them. It concluded that the defects could not be cured by amendment, so it declined to give him permission to file an amended complaint.

The Clerk was directed to mail the order to Lininger and record service on the docket. The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(i). The order did not state that the dismissal was with or without prejudice.